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Employment Law Blog

29 September 2015

New police powers on disclosing criminal investigations prior to conviction

Employers will need to balance the rights of employees under suspicion against safeguarding responsibilities

The Home Office has issued new guidance on police disclosing details of convictions, criminal investigations and proceedings. The ‘Common law police disclosure’ guidance replaces the previous ‘notifiable occupations scheme’ which allowed the police to pass information about someone to an employer, or regulatory body, where there was a perceived public protection risk.

25 September 2015

Permanent sick leave: Does employment still transfer under TUPE?

If an employee is permanently off work on sick leave, will his employment still transfer under TUPE? Jennie Atefi reports on a recent case...

24 September 2015

Employee misconduct and derogatory comments on social media: Can employers fairly dismiss?

If an employee admits misconduct and makes derogatory comments about his or her employer on social media, can he or she be fairly dismissed?  We report on a recent case...

17 September 2015

Disciplinary investigations: Setting the boundaries of HR assistance

If you find yourself appointed to conduct a disciplinary investigation into the conduct of an employee, beware of soliciting too much “help” from your HR department. Although some assistance is perfectly acceptable, i.e. questions concerning the law or procedure, this advice should not stray into the realms of the culpability of the employee, which is a factual decision for the investigating officer to make alone. 

14 September 2015

Legal update - Can travelling time constitute working time?

Can travelling to and from work constitute working time in the case of workers without fixed or habitual places of work? James Murray reports on a recent Spansih case: Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL

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